We believe only the New York City Council, as the representatives of the people, have the authority to make laws that affect our fundamental freedoms. City Council Member Rosie Mendez has introduced into City Council legislation: The First Amendment Act, which is designed to safeguard the full expression of our Constitutional rights while ensuring the public safety. We urge the City Council to adopt it. Below is a summary of this legislation we support.

Summary

The First Amendment Assembly Act is a proposed amendment to the section of the City’s Administrative Code which covers parade permitting. The Act is modeled closely on Washington D.C.'s First Amendment Act of 2004.

The Act makes it City policy to facilitate the rights of people to organize and participate in peaceful assemblies, subject only to the restrictions absolutely necessary to protect public safety. It provides guidance for how the police are to handle public assemblies, whether or not they have permits. It provides for orders to disperse as a last resort, and requires that people be given both clear instructions and a meaningful opportunity to disperse before they can be arrested for failing to do so.

The proposed Act would eliminate “parading without a permit” as an arrestable offense under City law. Currently the charge of “parading without a permit” has often been leveled on people arrested in large groups. The current charge is highly problematic in that it involves no requirement of intent, it is a crime of strict liability. Meaning that one does not have to intend to be part of a group to be violating the law by ‘parading’. The current law gives a dangerous amount of discretion to police in arresting individuals who assemble regardless of how they conduct themselves. The Police have other tools for dealing with genuinely disruptive crowds, such as the disorderly conduct statute, which prohibits both intentionally blocking traffic and disobeying a lawful order to disperse.

The Act also sets clear guidelines for the issuance of permits. The current system has allowed the police to refuse to issue permits to disfavored groups. The Act defines when the NYPD must make a decision on a permit application by, and requires the NYPD to provide a justification for their decision.

Download:

The First Amendment Assembly Act (MS Word Document)